Empirical Constitutional Law: A New Theoretical and Methodological Approach
EmpiriCon aims to transform constitutional law into an evidence-based field by addressing empirical gaps through theoretical analysis and multi-method studies, enhancing decision quality and public trust.
Projectdetails
Introduction
Constitutional law worldwide suffers from an empirical deficit: although evidence is needed to apply the law to concrete conflicts, constitutional analysis is dominated by high-level value judgments and pays little attention to empirical evidence. Unlike other fields of law, there are almost no empirical studies regarding constitutional controversies, and most courts, legislatures, and executives have no adequate procedures for establishing facts or reviewing evidence in constitutional matters.
Consequences of the Empirical Deficit
The empirical deficit of constitutional law has detrimental consequences. It:
- Generates unpersuasive decisions
- Brings about inadvertent societal consequences
- Breeds accusations that constitutional decisions are subjective and biased
- Lets unvalidated facts influence decisions in the absence of proper procedural safeguards
Project Overview
EmpiriCon will develop a new approach that offers to rejuvenate constitutional law as an evidence-based field of law. This will be achieved through:
- A comprehensive theoretical analysis of the empirical gaps in constitutional law (WP1)
- Six multi-method empirical studies of key constitutional gaps (WP2)
- Eight survey experiments that examine the implications of rigorous fact-finding for public trust in constitutional decision making (WP3)
Methodological Approach
I will develop a new theoretical and methodological approach (WP4), showing that empirical constitutional law is not only theoretically justified but also methodologically feasible and concretely valuable. This approach will:
- Ground constitutional reasoning in transparent methodology
- Improve the quality of constitutional decisions
- Potentially increase public trust
Risks and Limitations
Simultaneously, the shift to empiricism involves risks, such as data manipulation, and has inherent limitations. I will incorporate the limitations, map out the risks, and propose ways to tackle them.
Conclusion
If successful, the project will transform constitutional law, with far-reaching implications for scholars, legislatures, executives, courts, and litigants.
Financiële details & Tijdlijn
Financiële details
Subsidiebedrag | € 1.500.000 |
Totale projectbegroting | € 1.500.000 |
Tijdlijn
Startdatum | 1-5-2024 |
Einddatum | 30-4-2029 |
Subsidiejaar | 2024 |
Partners & Locaties
Projectpartners
- THE HEBREW UNIVERSITY OF JERUSALEMpenvoerder
Land(en)
Vergelijkbare projecten binnen European Research Council
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Institutional Changes for Democratic Dialogue
The project aims to reform constitutional structures to better align with contemporary democratic demands, fostering civic engagement and proposing institutional alternatives through collaborative dialogue.
Community Through Constitution. REsearching how CONstitutions Construct Identity and LEgitimacy in Europe and MENA
This project aims to develop a new theory of identity constitutionalism to foster collective identity and enhance political discourse by researching constitutions' roles in diverse cultural contexts.
The Design, Creation and Survival of Democratic Laws
The DEMOLAW project uses advanced computational methods to analyze legislative texts across the US, UK, and EU, aiming to understand law design, variation, and stability in democratic systems.
Rethinking emergency from a legal historical perspective: contexts, actors, practices, 1914-2020
EMERGE aims to re-evaluate the long-term impacts of emergency legislation on human rights and constitutional practices in Europe through a multidisciplinary historical analysis from 1914 to 2020.
Unjust Enrichment and Public Policy
This project aims to reconceptualize the law of unjust enrichment to address societal issues like global warming and fake news by focusing on undeserved gains, enhancing legal frameworks for better regulation.